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GREENSBURG DEPOSIT BANK v. GGC-GOFF

No. 91-SC-431-DG.

851 S.W.2d 476 (1993)

GREENSBURG DEPOSIT BANK, Appellant, v. GGC-GOFF MOTORS, A Partnership, d/b/a Goff Motor Company, Lyman T. Maddox d/b/a Maddox Paving Company; and Bobby Gene Curry, Appellees.

Supreme Court of Kentucky.

Rehearing Denied May 27, 1993.

Attorney(s) appearing for the Case

Sam W. Moore II, Greensburg, for appellant.

Rodger G. Cox, Campbellsville, for appellee, GGC-Goff Motors.

Phil Allan Bertram, Campbellsville, for appellee, Lyman T. Maddox.

Bobby Gene Curry, Master Comm'r, Greensburg, for appellee, Bobby Gene Curry.

COMBS, Justice.

In 1988, GGC-Goff applied for a loan from the Greensburg Deposit Bank, the loan to be secured by certain real estate. While the application was pending, appellee Maddox was engaged by GGC-Goff to pave a parking area on the same real estate. In processing the loan application, counsel for the bank discovered that Maddox had performed the paving work and had not been paid, and that therefore he might file a materialman's lien for his work and materials...

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